Missouri Petition for Forfeiture

State:
Multi-State
Control #:
US-01611
Format:
Word; 
Rich Text
Instant download

Description

This form is a sample Petition for Forfeiture. For use by authorities attempting to seize property connected with drug or other criminal activity. Adapt to fit your facts.

The Missouri Petition for Forfeiture is a legal document that seeks the forfeiture of property or assets that have been allegedly involved in certain illegal activities or used in connection with criminal offenses. This petition is filed by the prosecuting attorney or law enforcement agency in the state of Missouri. Keywords: Missouri, Petition for Forfeiture, legal document, forfeiture, property, assets, illegal activities, criminal offenses, prosecuting attorney, law enforcement agency. There are different types of Missouri Petitions for Forfeiture that can be specific to the nature of the alleged offense, such as: 1. Drug-Related Forfeiture Petitions: Filed when property or assets are suspected to be linked to drug trafficking, manufacturing, or possession of controlled substances. 2. Asset Forfeiture Petitions: Filed to seize assets that are believed to have been obtained through illegal activities, such as fraud, embezzlement, or money laundering. 3. Contraband Forfeiture Petitions: Filed to forfeit items that are considered illegal to possess, such as illegal firearms, explosives, or stolen goods. 4. Civil Forfeiture Petitions: Filed to seize assets believed to be involved in criminal activity, even if there may not be any criminal charges or convictions. This type of forfeitures can be controversial as they do not always require a criminal conviction. 5. Racketeer Influenced and Corrupt Organizations (RICO) Forfeiture Petitions: Filed against individuals or organizations engaged in a pattern of criminal activity under the RICO Act. This type of forfeiture focuses on dismantling organized criminal enterprises. It is important to consult legal professionals or refer to the Missouri state statutes for specific details and requirements regarding the different types of Petitions for Forfeiture in Missouri.

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That the people shall be secure in their persons, papers, homes, effects, and electronic communications and data, from unreasonable searches and seizures; and no warrant to search any place, or seize any person or thing, or access electronic data or communication, shall issue without describing the place to be searched ...

Missouri law states that the evidentiary spoliation doctrine applies when a person intentionally destroys relevant evidence which would indicate that they sought to commit fraud and prevent the truth from coming to light.

A person commits the offense of refusal to identify as a witness if, knowing he or she has witnessed any portion of an offense, or of any other incident resulting in physical injury or substantial property damage, he or she refuses to report or gives a false report of his or her name and present address to a law ...

All property of every kind, including cash or other negotiable instruments, used or intended for use in the course of, derived from, or realized through criminal activity is subject to civil forfeiture. Civil forfeiture shall be had by a civil procedure known as a CAFA forfeiture proceeding.

The seizure of a bank account, for example, takes place when you lose the right to use the money in your account. Forfeiture occurs when your rights to the seized property are permanently lost through a court order or judgment. Forfeiture occurs after seizure, and seizure does not always end in forfeiture.

A determination of obscenity shall not be admissible in any criminal proceeding against any person or corporation for sale or possession of obscene matter.

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In cases where the property is abandoned or unclaimed, an in rem CAFA forfeiture proceeding may be instituted by petition by the prosecuting attorney of the ... No state or local government agency may hold property seized for forfeiture unless a petition for forfeiture has been filed within the time limit provided by ...Petition Requirements: The petition must include a description of your interest in the property supported by documentation and any facts you believe justify the ... Browse Missouri Revised Statutes | CRIMINAL ACTIVITY FORFEITURE ACT (CAFA) for free on Casetext. The Money Laundering and Asset Recovery Section (MLARS) is pleased to release the 2023 edition of the Asset Forfeiture Policy Manual, a publicly available ... Apr 22, 2020 — The United States has applied, pursuant to 18 U.S.C. § 983, for an Order granting a 60- day blanket extension of the statutory deadlines by ... Oct 25, 2017 — State Forfeiture – When seizing property in accordance with state law, sworn members are required to complete a Notice of Seizure Pursuant to. by NOFCB FORFEITURE · 1996 — In any case, after both the petition is filed and seizure is effected, the government must serve a copy of the petition and a notice of seizure to every person ... by S Stracke · 1992 · Cited by 12 — Congress has provided for the forfeiture of practically any type of property related to an illegal activity in order to take the profit out of crime.'. The petition must be in writing and sent to the official address provided in the notice of seizure within thirty (30) days of the last date of publication on ...

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Missouri Petition for Forfeiture